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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been hurt in an accident or through the willful negligence of someone? Sometimes problems can be solved by personal insurance or through a small claims case. Every once in a while it’s best to walk it off and get on with your life.
But maybe you really could use someone to take your side. Someone that will fight for you. A professional who will fight on your side. Those are the times you really should retain a Graham County personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the injury happened.
Being hurt in a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is difficult. However, staying cool and logically oriented can make the difference between receiving the proper compensation that you deserve or quitting the case a permanently awful situation.
A great Graham County personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even get the implications of the situation until conversing with a professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a Graham County Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
The PIL generally tackles a large variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim may end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Negligence Car Accident Attorney Near Me in Graham County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they needed and deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!